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No Legislative Denouement Yet.....

This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up....more

Governor Jindal Signs Bill Aimed at Ending Suit by Levee Board

On June 6, 2014, by signing into law SB 469, Louisiana Governor Bobby Jindal took an aggressive step towards stymieing the lawsuit recently filed by the Southeast Louisiana Flood Protection Authority-East against 97 oil and...more

Will the California Supreme Court Close the Door to a CEQA Exemption the Legislature Has Refused to Close?

The California Supreme Court recently heard oral argument in Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (case submitted May 28, 2014), a case that gives the Justices the opportunity to determine...more

TSCA Reform: Democratic Minority Circulates Redline of April 22, 2014, CICA Discussion Draft

The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online. The redline version is an...more

New CEQA Standing Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps And Extend...

A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten...more

Weekly Update from the State House - February 28, 2014: The House met this week in lengthy sessions to try to clear the calendar...

Details from Each Chamber: HOUSE - The House met this week in lengthy sessions to try to clear the calendar in preparation for budget week beginning March 10....more

California’s Governor Brown earmarks funds for Prop 65 regulations but the threat of unnecessary litigation remains

California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, finally has the attention of legislators and the governor’s office and is undergoing key changes. ...more

“Waters of the U.S.” — What’s Not To Understand?

EPA and the Army Corps of Engineers continue their ongoing effort to bring clarity to the tangled mess wrought by the Supreme Court in Rapanos v. U. S. In that 2006 case, a fractured Court issued five separate opinions on the...more

Questionning Environmental Law And Regulatory Policy

A significant issue in the recent federal government shut down was the fundamental question over the scope of government authority and its role in a wide range of activities. In short, should there be any government...more

Supreme Court Grants Limited Review of GHG Emissions Regulations

On October 15, 2013, the United States Supreme Court granted certiorari to review six of the nine submitted petitions stemming from an appellate court ruling upholding Environmental Protection Agency (“EPA”) greenhouse gas...more

Incremental Reform Bill Passes, But Governor’s Broader Changes Stall

California Gov. Jerry Brown promised earlier this year to get serious about reforming some of what the business community calls the worst abuses of Proposition 65 (Prop. 65) – changes in the definition of what constitutes a...more

San Francisco Takes Steps to Rationalize the CEQA Process

BOARD OF SUPERVISORS ADOPTS NEW CEQA APPEAL PROCEDURES - After nearly a year of effort (and after three previous unsuccessful tries by others), San Francisco Supervisor Scott Wiener crafted a California Environmental...more

CEQA Reform? What's In and What's Out with SB 731 (And What's Next...)

Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces...more

California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers"

California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the...more

CEQA Reform Update

This year has seen more momentum for CEQA reform than in many previous years. California’s economy has placed a spotlight on the burdens that environmental regulations and litigation, particularly CEQA litigation, impose on...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Site Remediation Reform Act Evolution

Although SRRA seems to be thorough and well written, there will be amendments to laws that were not anticipated or addressed in the legislative process that could be problematic for persons remediating property....more

Memo to EPA: Courts Really Don't Like It When You Appear High-Handed

The decision last week by Judge Amy Berman Jackson – an Obama appointee – to reject EPA’s authority to withdraw its “specification” which authorized the Army Corps of Engineers to issue a § 404 permit to the Mingo Logan...more

Ninth Circuit Ruling that Rainwater Runoff from Logging Roads Is a Point Source Discharge Requiring NPDES Permitting Is Under...

In August, 2010, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in NEDC v. Brown, in which the court overturned more than 35 years of U.S. Environmental Protection Agency (EPA) regulations governing storm...more

Big Week for Minnesota Governor Mark Dayton

On Thursday, the Senate passed HF 130, authored by Senator Claire Robling (R-Jordan), as amended by conference committee, in a 37 – 28 vote. This is the Phase One budget bill which was passed earlier by the House. The bill...more

Climate Litigation: New Approaches to Climate Control Mean New Issues to Litigate By Michael J. Steel, Morrison & Foerster LLP

‘‘Whether Congress acts or EPA proceeds under the Clean Air Act, greenhouse gas regulation is coming,’’ attorney Michael J. Steel says in this Analysis & Perspective article. The author discusses administrative developments...more

Federal Judge Denies Obama Administration's Motion to Vacate the Stream Buffer Zone Rule

The Obama Administration's efforts to rescind the revised Stream Buffer Zone Rule, enacted at the end of the Bush era, suffered a setback earlier this month. On August 12, 2009, United States District Court Judge Henry...more

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